Articles 121 and 92 in the Same Case: What the Records Show

Trends › By Offense › Article 121 › With Article 92

Based on 111 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

More Contested Cases, No Full Acquittals

Article 92 covers violating a lawful order or regulation and dereliction of duty. In 111 courts-martial tried between January 2013 and October 2026, it was charged together with Article 121 (larceny).

A case is contested when the accused pleads not guilty to at least one charge. The plea is listed in 81 records: 24 were contested and 57 were guilty pleas. The contested share was 30%. For all Army, Navy, and Marine Corps cases charging Article 121, it was 15%.

All 24 contested cases ended with at least one conviction. The full-acquittal rate was 0%, compared with 10% for all Article 121 cases. 11 contested cases ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another. 24 verdicts is a small number, so these rates could change with more cases.

Punitive Discharges

Of 103 convicted enlisted members, 78 received a bad-conduct or dishonorable discharge (76%). That is higher than the 64% for all Article 121 cases. Only 9 were dishonorable discharges. The rest were bad-conduct discharges.

Of 4 convicted officers or warrant officers, 2 were dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Confinement Was Similar to Other Larceny Cases

Of 110 convictions, 93 included confinement. The median confinement was 6 months, about the same as the 5 months for all Article 121 cases. A quarter of the sentences were 1 year or longer, and 1 was a life sentence.

Sentences longer than one year were given in 18 of 110 convictions (16%), compared with 12%. 16 (15%) were more than 1 year and under 5 years, compared with 10%. 2 (2%) were 5 years or more, the same as the comparison group. The other lengths were close to the comparison group. 17 convictions (15%) included no confinement, compared with 17%. 41 (37%) were under 6 months, compared with 43%. 34 (31%) were 6 months to 1 year, compared with 28%.

Each figure is an adjudged sentence, imposed at trial for every charge in the case, before any plea-agreement cap, clemency, or appeal.

General and Special Courts-Martial

Of the 111 cases, 45 were general courts-martial and 66 were special courts-martial. The general court-martial share was 41%, higher than the 31% for all Article 121 cases. Only a general court-martial can impose more than one year of confinement or a dishonorable discharge.

At general courts-martial, the median confinement was 1 year and 41% of cases were contested. At special courts-martial, the median was 4 months and 21% were contested.

Other Charges in These Cases

Article 107 (false official statement) was the most common other charge, in 32 cases. Article 112a (drug) was charged in 24, and Article 81 (conspiracy) and Article 134 (general article) in 17 each. Sentences cover the whole case, so these charges are part of the confinement and discharge figures.

Rank of the Accused

The accused were 58 junior enlisted members, 45 NCOs, and 4 officers. The records describe this group as more junior than all Article 121 cases. NCOs were still a large part of the group, and there were few officers.

Years and Installations

Cases were tried every year. The highest count was 19 in 2021, followed by 11 in 2019 and 10 in 2013. Most other years had between 5 and 9. The 2026 count of 4 covers part of the year.

Camp Lejeune, North Carolina had 22 cases. San Diego, California had 10, Norfolk, Virginia had 8, and Camp Pendleton, California and Marine Corps Base Hawaii, Kaneohe Bay had 5 each. These 5 installations account for 45% of the 111 cases. Installations with more people try more cases of every kind, so the counts do not show a problem at any base.

What These Records Do Not Show

Rule changes during the period, including the Military Justice Act of 2016, effective January 1, 2019, applied according to offense dates. The records do not give offense dates. The records also do not include the evidence, the plea-agreement terms, nonjudicial punishment, or administrative separations. They show what happened, not why.

For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.